Version 1.0 · effective 22 September 2026
1.1 These Terms and Conditions (the "Terms") constitute a binding agreement between Playlytix s. r. o., with registered office at Galbavého 1860/1, 841 01 Bratislava - mestská časť Dúbravka, Slovak Republic, company registration number (IČO) 57017140, registered in the Commercial Register of Mestský súd Bratislava III, section Sro, insert 191319/B ("Playlytix", "we", "us"), and each registered tester ("you", the "Tester").
1.2 Playlytix operates a playtesting platform at app.playlytix.gg through which game developers and publishers ("Studios") obtain structured feedback on games in development from a managed panel of players ("Testers") who take part in testing activities ("Tests").
1.3 Playlytix contracts with Studios in its own name and on its own account. You deliver your Submission to Playlytix. No contract arises between you and any Studio and no Studio may instruct you.
1.4 You accept these Terms by ticking the acceptance box at registration. An account is not created unless the box is ticked. We record the acceptance, the version of each document then in force and the text displayed to you, and confirm the acceptance to you by email.
1.5 These Terms are published in English. Where a translation is provided, the English text prevails, save where mandatory law in your country of residence provides otherwise.
1.6 The following documents are incorporated into these Terms and bind you: the Community Rules; the Tester Manual; the Evaluation Methodology; each Test Brief; and each Test NDA accepted by you in respect of an individual Test.
2.1 In these Terms the following expressions have the following meanings.
2.2 "Acceptance Gate" means the pass or fail checks published in respect of a Test which determine whether a Submission is accepted.
2.3 "Build" means any game, software, asset or material made available by a Studio for a Test.
2.4 "Community Rules" means the rules governing the Playlytix Discord server and other community spaces.
2.5 "Connected Account" means a game platform account connected by you to your Playlytix profile.
2.6 "Evaluation Methodology" means the published document setting out the Acceptance Gate checks, the assessment criteria, their scoring anchors and the number of Playlytix Points attached to each criterion.
2.7 "Guaranteed Points" means the number of Playlytix Points stated in the Test Brief which is awarded to every Submission that passes the Acceptance Gate.
2.8 "Licence" means the licence to your Submission granted by you to Playlytix under clause 21.
2.9 "Maximum Points" means the total number of Playlytix Points stated in the Test Brief which a Submission may earn in that Test, comprising the Guaranteed Points and the Points available under the assessment criteria.
2.10 "Payout Partner" means the third-party payment and compliance provider engaged by Playlytix under clause 15 which acts as merchant of record for the payment of Rewards to Testers.
2.11 "Playlytix Points" or "Points" means the unit of account in which a Submission is rated under clause 13 and which is converted into a Reward under clause 10.
2.12 "Quality Score" means the rating maintained by Playlytix reflecting the quality, completeness and reliability of your participation.
2.13 "Recording Permissions" means your separate consents to screen recording and to microphone recording, given or withheld independently in respect of each Test.
2.14 "Reward" means the amount in USD payable to you in respect of an accepted Submission, being the remuneration for the Licence, calculated from the Playlytix Points awarded to that Submission under clause 10.
2.15 "Studio" means a game developer or publisher that engages Playlytix to obtain feedback.
2.16 "Submission" means the results delivered by you in a Test, comprising your answers to the questionnaire of closed and open questions, your session log and bug reports where required, and, where you have given the relevant Recording Permission, the recording of the game window and the recording of your spoken commentary.
2.17 "Test" means a discrete testing activity defined by a Test Brief.
2.18 "Test Brief" means the published description of an individual Test, including the requirements, deliverables, duration, deadline, the Guaranteed Points, the Maximum Points and the Points attached to each assessment criterion.
2.19 "Test NDA" means the non-disclosure agreement published in respect of an individual Test which you must accept under clause 19.3 before being accepted onto that Test.
2.20 "Tester Manual" means the published guide to the conduct of a Test and the scoring of Submissions.
3.1 You must be at least 18 years of age. We may require evidence of age and may suspend or close an account where age cannot be verified.
3.2 You take part as a subject acting in your own name and responsibility. You are not registered, and are not required to be registered, for value added tax or any equivalent tax in respect of your participation. We do not contract with legal entities, do not accept invoices and do not pay a Reward to a business. You must notify us within 30 days where this ceases to be the case.
3.3 You may hold one account only. An account is personal and may not be shared, sold, transferred or operated by any other person.
3.4 You may not register, take part or receive a Reward where you are resident in or accessing the platform from a country or territory subject to comprehensive sanctions imposed by the European Union, the United Nations or the United States, or where you are listed on an applicable sanctions or restricted party list. We screen at registration and before payment, and the Payout Partner screens before releasing a payment.
3.5 You are responsible for ensuring that your participation is lawful in your country of residence. We may exclude a country from any Test where the law of that country, or the terms of the Payout Partner, do not permit payment of a Reward there.
3.6 We may refuse registration and may close an account where the conditions of this clause are not met. We will state the reason unless prevented by law, and clause 24 applies.
4.1 You register with a username, an email address and a password, or by authenticating through Discord or Google. The acceptance box under clause 1.4 must be ticked before an account is created by any route.
4.2 You must select a Playlytix username. The username is displayed within the platform to other Testers, and possibly in Discord channels. You may not use your name or surname, or any part of either, as your username. We may require a username to be changed.
4.3 You must provide accurate registration information and keep it accurate, keep your credentials secure and notify us without delay of any unauthorised use of your account.
4.4 You must declare your country of residence and your country of tax residence and must notify us within 30 days of any change. Those declarations are statements of fact and determine your eligibility under clause 11 and the treatment of a Reward under clause 14.
5.1 You may be invited to a Test only while your profile is complete. A profile is complete where every section has been answered, a Discord account has been connected under clause 6, a Connected Account has been established under clause 8 or you have declared that you use none of the supported platforms, and the declarations under clause 4.4 have been made.
5.2 You must complete your profile truthfully and in full and keep it accurate. Where the answer option "Prefer not to say" is offered, its selection constitutes a complete answer.
5.3 A false answer in your profile or in the screening questions for a Test constitutes a material breach.
5.4 You may amend any answer at any time, with effect from your next match. Where your profile ceases to be complete you will receive no further invitations until it is complete again; a Test already accepted and a Reward already earned are unaffected.
6.1 A connected Discord account is a condition of participation. Each Test is conducted in a private Discord channel.
6.2 On connection, Discord transmits to us your Discord user identifier, username and avatar, and permission to add you to our server. We do not receive your password, do not access your direct messages or other servers, and do not post as you.
6.3 You appear in our server under your Playlytix username. You are added to the channel of a Test upon acceptance onto that Test.
6.4 You must comply with the Community Rules in every community space. Content posted in a community space is not confidential. You must not post payment details, personal contact information or information that is confidential under clause 19.
6.5 We do not request payment details through Discord or by direct message. Any such request is fraudulent.
6.6 Membership of general community channels is optional and does not affect your account, your Quality Score or your invitations.
6.7 Notices concerning your account, your Rewards and your rights are given by email.
7.1 You participate as an independent party. These Terms do not create an employment relationship, a contract of service, a partnership, a joint venture, an agency or a franchise between you and Playlytix or between you and any Studio. This constitutes solely the performance of an activity, on a one-off or recurring basis, under a contract concluded between the parties, the relationship between them being purely contractual and between independent parties.
7.2 The tester is required to undergo a eligibility check to satisfy the contractual requirements of the test. This includes data regarding their gaming history and hours played within the relevant genre. Granting access to their Steam (Epic, etc.) profile is a mandatory prerequisite for applying to the test. To determine candidate suitability, we collect data regarding the user's complete game library (including playtime), genre-specific playtime, and recently played games (including playtime).
7.3 You are under no obligation to accept any Test and may decline any invitation without giving a reason. Declining has no effect on your standing, your Quality Score, your access to other Tests or any Reward already earned.
7.4 You determine when and where you carry out a Test within the deadline stated in the Test Brief. A Test Brief specifies a task and the standard required of the deliverable.
7.5 You use your own equipment, connection and software. We provide access to the Build and to the platform only.
7.6 No exclusivity is imposed. You may provide services to any other person, including our competitors. Clause 19 continues to apply.
7.7 You receive no salary, holiday pay, sick pay, notice period, severance or other benefit associated with employment, and none is implied by the payment of a Reward.
7.8 Where the law of your country classifies the relationship otherwise, that classification applies to the extent required by law. Nothing in this clause deprives you of a right conferred by mandatory law.
8.1 A Build is delivered to a game platform account. You must connect at least one supported account or declare that you use none of them, in which case you may be invited only to Tests delivered by direct download.
8.2 Connection is effected by authentication at the platform. We do not receive your password. We receive your account identifier, your display name and confirmation that the account is yours.
8.3 You may connect only an account of which you are the holder. Connecting an account held by another person constitutes fraud under clause 17.
8.4 You may disconnect an account at any time. Tests on that platform then cease and, where it was your only Connected Account, your profile ceases to be complete.
9.1 The eligibility check under clause 7.2 is carried out by reading from each Connected Account the games held on it, the time played in each of them, the time played in the genre relevant to a Test, and the games recently played, including their playtime. We read those data upon your application to a Test and periodically while your profile is complete, so that the data on which you are matched remain current. The reading is necessary for the performance of this agreement, in particular for the matching of Testers to Tests and for the fulfilment of the panel requirements that we owe to a Studio, and is not subject to a separate consent.
9.2 Where a Test Brief states a requirement capable of verification on a platform (Steam, Epic, etc.), we verify it upon your application, in respect of the specific data point concerned. We record the criterion, the result of the verification and the time at which it was made.
9.3 You must set the visibility of your game library and playtime on each Connected Account so that they can be read. Where reading or verification cannot be carried out, the options published in respect of that Test apply and participation is not guaranteed.
9.4 We read the games held, the games played and the time played in them only. We do not read friend lists, reviews, wishlists, messages or purchases.
9.5 You may end the reading of a Connected Account at any time by disconnecting it under clause 8.4. Upon disconnection, reading ceases and the data read from that account, together with anything derived from it, is deleted within 30 days, subject to the record of any verification under clause 9.2 and to records required by law to be retained.
9.6 We maintain a record of each reading and each verification, comprising the account concerned, the data points read, the result and the time.
10.1 Every Test is rewarded in Playlytix Points. The Test Brief states, before you apply, the Guaranteed Points, the Maximum Points and the Points attached to each assessment criterion. Every Test is open to Testers irrespective of country of residence or tax residence, subject to clauses 3.4, 3.5 and 11.2.
10.2 A Submission that passes the Acceptance Gate is awarded the Guaranteed Points. Further Points, up to the Maximum Points, are awarded on the assessment of quality under clause 13. A Submission that does not pass the Acceptance Gate is awarded no Points.
10.3 Points awarded to a Submission are converted into a Reward at the fixed rate of one Playlytix Point to one United States dollar (1 Point = 1 USD). The rate is not altered in respect of a Test that has opened.
10.4 The Reward constitutes the remuneration for the Licence granted by you under clause 21 in respect of the accepted Submission. The amount of the Reward is determined by the Points awarded in accordance with the Test Brief and the Evaluation Methodology, which together constitute the agreed method of determining the remuneration.
10.5 Points are a unit of account only. They are not money, electronic money, a voucher or a stored value, carry no interest, may not be purchased, and have no use other than conversion into a Reward under this clause. Points awarded to a Submission are converted and paid in respect of that Test under clause 15.
10.6 The Points awarded to a Submission are not adjusted by reference to your Quality Score, your history with us, the number of Submissions accepted in a Test or the budget for a Test.
10.7 A Reward is personal to you and may not be transferred, assigned, pooled or sold.
11.1 The publication of a Test, or an invitation to it, does not guarantee a place. Places may be limited and may be allocated by quota or by selection.
11.2 Each Test Brief states the requirements of the Test, which may include country of residence or tax residence, language, platform, hardware, Recording Permissions, verified play history, session duration, deadline and screening questions. Where you do not meet a requirement, participation is not guaranteed.
11.3 A limited number of places on certain Tests is available to Testers who do not meet the stated requirements. Where such places exist, the Test Brief states so. Allocation is not guaranteed.
11.4 Upon acceptance onto a Test you must complete it within the period stated in the Test Brief, failing which your place may be reallocated and no Reward is due.
11.5 You must answer screening questions truthfully. A false answer constitutes a material breach.
11.6 We may cancel or curtail a Test at any time. Where we do so after you have begun in good faith, we award a proportionate number of Points determined by reference to the Points your Submission would have reached and, in any event, not less than the Guaranteed Points for that Test, and the Reward so determined is paid under clause 15.
11.7 You are accepted onto a Test only after you have accepted the Test NDA for that Test under clause 19.3. The Build is not released to you before that acceptance.
12.1 You must carry out the Test personally. You may not delegate it, share your access or submit result produced by another person.
12.2 Consent to screen recording and consent to microphone recording are separate, are given in respect of each Test and may be withheld or withdrawn at any time, including during a session. Withholding or withdrawal affects only the deliverables comprised in your Submission and the assessment criteria applicable to it, and has no effect on the Reward, your Quality Score, your standing or any Reward already earned.
12.3 The number of places on a Test available to Testers who withhold both Recording Permissions is limited to approximately 10 % of the panel. That limit is a constraint on the composition of the panel and is applied without regard to any personal characteristic. The 10% cap applies to the fulfillment of contractual obligations owed to the client (studio, publisher), which are borne by Playlytix.
12.4 Where you record, you must capture the game window rather than the whole screen and must close or suppress notifications and other applications. You must notify us without delay where a Submission contains personal or third-party content.
12.5 A Submission must consist of your own observations of your own play session. You may use a tool, including an artificial intelligence tool, to correct or improve the language in which you express those observations. You may not use a generative artificial intelligence tool to produce the substance of a Submission, and you may not submit answers that are not derived from your own play session. A Submission whose content is not derived from your own play session is not accepted and earns no Reward.
12.6 A Build may be supplied subject to protective measures, including watermarking, per-Tester identifiers, time-limited keys and access logging. You must not circumvent, remove, obscure or alter any such measure.
12.7 You must comply with the Tester Manual, the Test Brief and all laws applicable to you.
13.1 The Acceptance Gate checks, the assessment criteria and their scoring anchors, the Guaranteed Points, the Maximum Points and the Points attached to each criterion are published in the Test Brief, the Evaluation Methodology and the Tester Manual before a Test opens. No undisclosed criterion is applied, and no criterion, anchor or number of Points is altered in respect of a Test that has opened.
13.2 A Submission is evaluated in two stages. The Acceptance Gate determines whether the Submission is accepted. The assessment of quality determines the Points awarded above the Guaranteed Points.
13.3 A Submission is accepted where every check published in respect of that Test is satisfied. Those checks include delivery by you from your own account within the deadline; performance of the required activity for not less than the minimum stated duration and on the Build supplied; the completion of every mandatory questionnaire item with genuine responses; the presence and comprehensibility of any required commentary; consistency between what you report and the evidence of your session; the completeness and accessibility of any file delivered; and compliance with clause 12.5. A check inapplicable to your Submission is recorded as not applicable and is not treated as a check not satisfied.
13.4 A Submission that does not pass the Acceptance Gate is not accepted and earns no Points and no Reward. Where the deficiency is capable of correction without repetition of the play session, we identify it and allow not less than 48 hours for completion before deciding.
13.5 An accepted Submission is scored against the published criteria, each Point awarded being supported by a recorded item of evidence. A criterion inapplicable to the deliverables comprised in your Submission is not scored, and the Points available under the remaining criteria are scaled accordingly so that an equivalent standard of results reaches the same number of Points.
13.6 Acceptance guarantees the Guaranteed Points. The assessment of quality may not reduce the Points awarded below the Guaranteed Points.
13.7 Points are awarded against fixed anchors published in advance. No quota applies and no Point depends on the performance of any other Tester.
13.8 We do not assess the Recording Permissions given or withheld; whether your assessment of the game is favourable; your skill at playing it; your language beyond comprehensibility; your accent or microphone beyond audibility; the length of your answers; the speed of submission within the deadline; your Quality Score; your history with us; or any personal characteristic.
13.9 Every Submission is assessed by a person. An automated check may prepare or flag an assessment but does not determine the acceptance of a Submission or the Points awarded without confirmation by a person.
13.10 Assessors apply a fixed written methodology with reference examples and assess without sight of your name, your history or your Quality Score. Where two assessors award different Points and the difference cannot be resolved by reference to the recorded evidence and the published anchors, the higher number of Points applies.
13.11 We decide within 7 days of delivery. We maintain, in respect of each Submission, a record of the Acceptance Gate result, the Points awarded against each criterion with the supporting evidence, the total Points and the Reward. You may request the part of that record which relates to your own Submission.
13.12 Where a Submission is not accepted, or is awarded fewer Points than expected, we state the reason by reference to the published criteria. Clause 24 applies. A review consists of a fresh assessment by a person not involved in the original assessment and may not result in fewer Points.
13.13 Your Quality Score reflects the Points awarded to your accepted Submissions, as a proportion of the Maximum Points available, over your most recent 10 Tests and your reliability in completing Tests accepted by you. It affects the frequency and nature of invitations. It does not affect the Points awarded to, or the Reward payable in respect of, any Submission.
13.14 We may amend the criteria, the anchors or the number of Points in respect of future Tests. An amendment is published before the Test to which it first applies and does not apply to a Submission already delivered.
14.1 You are responsible for determining, declaring and paying any tax, social security contribution or health insurance contribution arising in respect of a Reward in your country of tax residence, and for any registration required by the law applicable to you. You are not our employee and we do not account for tax on your behalf save as stated in this clause.
14.2 A Reward is remuneration for the Licence to your Submission under clause 21. Its characterisation for tax purposes in your country of tax residence is a matter for you.
14.3 Rewards are paid through the Payout Partner under clause 15. The Payout Partner collects from you the identification and tax documentation required by the law applicable to the payment, including a declaration of tax residence and a tax identification number where required, applies any deduction at source and any reporting to a tax authority required by the law applicable to the payment, and remits the net amount to you. Where a deduction is made, its amount and basis are stated in the payment statement.
14.4 Where the documentation required under clause 14.3 is not provided, the Payout Partner may withhold payment until it is provided, or may apply the highest rate of deduction provided for by the applicable law. A Reward so withheld remains payable under clause 15.8.
14.5 Where you are entitled to a reduced rate or an exemption under a double taxation treaty, you must provide the documentation required to claim it. Neither we nor the Payout Partner claim a treaty benefit on your behalf without that documentation.
14.6 Nothing in these Terms or on the platform constitutes tax advice. A statement of tax treatment is general information. A statement of payments made to you, including any deduction made, is available on request from the Payout Partner or from us.
15.1 A Reward becomes payable upon the acceptance of your Submission and the award of Points to it under clause 13. Payment is made after the Test to which the Reward relates has been evaluated and closed.
15.2 Rewards are paid by the Payout Partner, which acts as merchant of record and as the payer of record for the payment. Playlytix instructs and pays the Payout Partner. The Payout Partner is responsible for the execution of the payment, for the verification of your identity and payment details, for screening against sanctions and restricted party lists, and for the tax documentation, deduction and reporting described in clause 14.3.
15.3 When a Reward first becomes payable to you, and not at registration, you are directed to the Payout Partner to complete onboarding. You provide directly to the Payout Partner your first name, your surname, your date of birth, your address, your country of residence and your country of tax residence, your preferred payment method and the corresponding detail, being your IBAN or the email address of your PayPal account or such other method as the Payout Partner offers, any tax identification documentation required under clause 14.3, and confirmation that the details are correct and that the receiving account is held by you. That confirmation is a declaration of fact and is recorded by the Payout Partner. The Payout Partner's own terms and privacy notice govern its relationship with you in respect of onboarding and the transfer, and the Payout Partner's name may appear on your bank or account statement.
15.4 The receiving account must be held in your own name. The Payout Partner compares the name given in your payment details with the name verified at onboarding, and we compare the name confirmed by the Payout Partner with the name on your account. Where the names do not correspond, payment is withheld and the matter is referred to a person for decision. Payment is not made into an account held by another person.
15.5 Payment is made within 30 days of the closure of the Test to which the Reward relates, provided that onboarding with the Payout Partner has been completed and valid payment details have been supplied.
15.6 Rewards are stated in USD. Where payment is made in another currency, conversion is effected at the rate applied by the Payout Partner or the paying institution on the date of transfer. Where a fee is deducted from the amount transferred, the Payout Partner notifies you before you select that method.
15.7 Where a payment fails or is returned by reason of incorrect details, the Payout Partner notifies you and re-issues the payment upon receipt of corrected details.
15.8 A Reward that has become payable remains payable notwithstanding the closure of your account, subject to clause 17 and to your completing onboarding with the Payout Partner and supplying valid payment details within 12 months. This is done under compliance obligations in line with accounting laws, tax purposes, and contracts.
15.9 Slovak accounting law requires us to retain a record of each payment, comprising the amount, the date, the reference and the recipient, for ten years. That record is not deleted upon the closure of your account. The Payout Partner retains its own records for the periods required by the law applicable to it.
15.10 We may replace the Payout Partner. Where we do so, we notify you and, where a Reward is then payable to you, you complete onboarding with the replacement Payout Partner. A Reward that has become payable is not affected by the replacement.
16.1 You agree that you will:
16.2 You agree that you will not:
17.1 The following constitute material breaches: holding or operating more than one account; sharing an account; falsifying profile, declaration or screening information; submitting a Submission in breach of clause 12.5; completing a Test without genuine play; disclosing a Build or information concerning it in breach of clause 19 or a Test NDA; connecting a game account held by another person; using a payment identifier belonging to another person; providing false information to the Payout Partner; and acting in concert with others to manipulate Rewards, Points or Quality Scores.
17.2 Upon a material breach we may withhold or recover unpaid Rewards connected with the affected Submissions, suspend or close the account and, where loss has been caused, seek recovery. A Reward in respect of a Submission unaffected by the breach is not withheld.
17.3 A decision under this clause is taken or confirmed by a person, with reasons stated, and clause 24 applies.
18.1 We process your personal data as controller. The Privacy Policy and the Tester Consent Framework set out the data collected, the legal basis, the recipients, the retention periods and your rights.
18.2 Account and profile data are processed for the performance of this agreement. Recordings and voice commentary are processed on the basis of separate, specific and revocable consent. Reading of platform data under clause 9 is carried out for the performance of this agreement. Payment data are collected by the Payout Partner only when a Reward becomes payable, as described in clause 15.3 and in the Privacy Policy, and the payment records we hold are kept separately from testing data. A Studio receives pseudonymised material under your tester code and does not receive your identity.
18.3 You may exercise your rights of access, rectification, portability, erasure, restriction and objection, and may withdraw any consent at any time, in each case without effect on your standing. Records required by law to be retained are retained.
18.4 If the tester voluntarily discloses sensitive data, the individual notifies us of the existence of such data and assumes responsibility for it. The Playlytix does not determine what is retained or removed.
18.5 Where your account has been inactive for more than 24 months, your profile is deleted or anonymised, subject to records required by law to be retained.
19.1 All non-public information obtained by you through a Test is confidential, including the existence of the project, the identity of the Studio where not announced, the content, mechanics, art, narrative, audio, release plans and defects of the Build, and the fact and content of your Submission.
19.2 You shall not disclose confidential information to any person, or publish, stream, post, capture or otherwise communicate it, including within private groups, until it has been made public by the Studio.
19.3 Each Test is subject to a Test NDA. You must accept the Test NDA before you are accepted onto the Test and before the Build is released to you. We record your acceptance, the version of the Test NDA and the text displayed to you. Where the terms of a Test NDA differ from this clause, the stricter applies.
19.4 This clause survives termination and continues for 3 years after the relevant material becomes public, and indefinitely in respect of material that does not become public.
19.5 Nothing in this clause prevents a disclosure required by law, a report of unlawful conduct to a competent authority, or the exercise of a right as a whistleblower.
20.1 Where you have indicated in your profile that you are open to it, a Studio may request a session concerning your feedback. Each session is arranged and moderated by Playlytix and is rewarded separately at the rate stated on invitation.
20.2 The indication is not consent to any particular session and is not a commitment. Before a session takes place we state the Studio, the game, the time, the participants and whether the session will be recorded.
20.3 You may decline any invitation without giving a reason and may withdraw the indication at any time, in each case without effect on your standing, your Quality Score or your Rewards.
20.4 A Studio receives your tester code. You shall not disclose your surname, contact details, social media accounts or address during a session. A Studio is contractually prohibited from requesting them or from contacting you outside the platform.
20.5 You may terminate a session at any time and may decline to answer any question. Use of a camera is optional. A session is recorded only where notified in advance and consented to at the commencement of the call.
21.1 All rights in a Build and in material disclosed by a Studio remain with the Studio. You acquire no rights in it and your access terminates with the Test.
21.2 Your Submission is created by you on the basis of these Terms and the Test Brief, which together constitute the contract for its creation. To the extent that a Submission, or any part of it, is a protected creation of yours within the meaning of Act No. 185/2015 Coll., the Copyright Act, of the Slovak Republic (the "Copyright Act"), this clause governs its use and constitutes the licence agreement between you and Playlytix under the provisions of the Copyright Act on licence agreements (section 65 and following) and on creations made to order (section 91).
21.3 You grant Playlytix, with effect from delivery of the Submission, an exclusive licence to use the Submission by every manner of use known at the date of delivery, without limitation as to territory or quantity, for the whole duration of the rights in the Submission, including the right to reproduce, store, adapt, edit, translate, excerpt, transcribe, analyse, combine with other material, communicate and make available the Submission, in whole or in part, for the purposes of providing testing services to the Studio whose game you tested, producing reports, clips, transcripts and analyses for that Studio, operating and improving our methods, methodology and services, handling a review under clause 24, and complying with the law applicable to us. You shall not use the Submission yourself or grant any other person the right to use it, and you shall not deliver the same or substantially the same Submission to any other person. You consent to Playlytix granting sublicences to Studios and to its service providers, and to Playlytix assigning the Licence to a successor under clause 27.4.
21.4 The Licence is granted for remuneration, being the Reward determined under clause 10. The Reward is the entire remuneration for the Licence and no further remuneration is due for any use within the Licence. No remuneration is due in respect of a Submission that is not accepted under clause 13; in respect of such a Submission the Licence extends only to its evaluation, the handling of a review under clause 24, the prevention of fraud and the retention of records required by law.
21.5 The Licence is granted in writing. Your acceptance of these Terms under clause 1.4 and of each Test NDA under clause 19.3, made by electronic means which capture the content of the acceptance and identify you, and recorded by us, satisfies the written form.
21.6 We shall not sell or license your Submission to a third party for that party's own independent purposes and shall not use it in public marketing identifying you without your separate consent. Disclosure to a Studio is made under your unique tester code which cannot be tracked to any details about you.
21.7 You consent to your Submission being used without attribution of your name, in edited, shortened, transcribed, translated or combined form, and being merged with the Submissions of other Testers into reports and analyses, in each case to the extent permitted by the law of your country. Where you hold moral rights that cannot be assigned or waived, this consent constitutes your consent to interference with those rights to that extent.
21.8 You warrant that your Submission is your own creation resulting from your own play session, that it does not infringe the rights of any other person, and that you have not granted and will not grant to any other person any right in it inconsistent with the Licence.
21.9 Where your Submission contains an idea, a suggestion or a proposed feature, the Studio may implement it and no claim, royalty or credit arises to you or to us.
21.10 All rights in the platform, the brand, the methodology, the questionnaires and the scoring systems remain ours.
22.1 You may close your account at any time. Closure does not affect a Reward that has become payable, which remains payable under clause 15.8, nor your obligations under clauses 19 and 21.
22.2 We may suspend or close your account upon a material breach of these Terms, upon reasonable suspicion of fraud, where required by law or by sanctions screening, or where your account has been inactive for more than 24 months. Save where prevented by law, or where immediate suspension is necessary to prevent harm, we state the reasons and allow you to respond before acting, and in every case state the reasons promptly thereafter.
23.1 We may amend these Terms. We notify you of the amendment and request your acceptance upon your next sign-in. Not less than 30 days' notice is given of an amendment that is material and adverse to you, save where a shorter period is required by law.
23.2 Until you accept an amendment you may sign in, access your account and receive payment of a Reward that has become payable, but may not join a new Test.
23.3 Where you do not accept an amendment you may close your account. A Reward that has become payable remains payable.
23.4 An amendment to the Privacy Policy is notified to you and does not require your acceptance. An amendment affecting screen recording or microphone recording is subject to separate consent.
24.1 You may request a review of the rejection of a Submission, the Points awarded, the withholding of a Reward, your Quality Score, or the restriction, suspension or closure of your account, by written request to support@playlytix.gg within 30 days.
24.2 The review is conducted by a person not involved in the original decision. We acknowledge within 3 working days and issue a reasoned decision within 14 days. Where the request is upheld we restore the position and pay any Reward due.
24.3 The exercise of this right does not affect your right to bring a claim, or to use a dispute resolution body available to you under the law applicable to you.
24.4 Our contact point for all matters arising under these Terms is legal@playlytix.gg.
25.1 We provide the platform with reasonable care and skill. We do not warrant that it will be uninterrupted or error-free, or that any number of Tests, invitations or Rewards will be available to you.
25.2 We are liable for loss caused by our breach of these Terms or by our negligence. We are not liable for loss that was not reasonably foreseeable, for loss of profit or opportunity, or for loss caused by your breach.
25.3 Save in respect of a Reward properly due to you, our aggregate liability in any twelve-month period is limited to the Rewards paid to you in that period.
25.4 Nothing in these Terms limits or excludes liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any liability that cannot be limited or excluded under the law applicable to you.
25.5 You are liable for loss caused by your material breach, in particular a breach of clause 19 or a Test NDA, subject to the same principles of foreseeability and to any mandatory limit under the law applicable to you.
26.1 These Terms are governed by the law of the Slovak Republic.
26.2 Where you are resident elsewhere, other than in the United States, the courts of the Slovak Republic have exclusive jurisdiction, save where mandatory law in your country of residence confers a right to bring proceedings in your own courts.
26.3 Where a provision of these Terms, or a Test, would be unlawful in your country of residence, that provision or Test does not apply to you and the remainder continues in force.
27.1 The purpose of the platform and the tester profile is to properly fulfill obligations toward the tester, as well as obligations toward the studio as a contractual partner.
27.2 Where a provision of these Terms is held invalid or unenforceable, the remainder continues in force and the invalid provision is replaced by a valid provision reflecting its purpose as closely as possible.
27.3 A failure to enforce a provision is not a waiver of it.
27.4 You may not assign your rights under these Terms. We may assign ours to a successor in connection with a reorganisation, merger or sale of the business, provided that your rights are not thereby diminished.
27.5 These Terms, together with the documents listed in clause 1.6, constitute the entire agreement between the parties as to their subject matter.
27.6 We communicate with you by email to the address held on your account and through the platform. You must keep that address current.
27.7 Neither party is liable for delay or failure caused by events beyond its reasonable control.
27.8 Clauses 14, 15, 17, 19, 21, 24, 25, 26, and 27 survive the termination of this agreement.
27.9 Each party shall bear its own costs.
27.10 Playlytix s. r. o., Galbavého 1860/1, 841 01 Bratislava - mestská časť Dúbravka, Slovak Republic. Support: support@playlytix.gg. Testing: testing@playlytix.gg. Legal: legal@playlytix.gg. Privacy: privacy@playlytix.gg.